Madhya Pradesh Court October 1988 Judgments
Smt. Shishuwala Pal and anr. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Oct-31-1988
Reported in: AIR1989MP254; 1989MPLJ121
Y.B. Suryavanshi, J. 1. In this petition under Articles 226 and 227 of the Constitution of India the petitioners have prayed for a writ of mandamus restraining the respondents from treating them as Foreign Nationals of Bangladesh/or their stay in India as unauthorised, and for a writ of prohibition restraining the respondents from taking them into custody for deporting them outside India. 2. (i) Many facts are undisputed. Petitioners Nos. 1 and 2 are, respectively, the mother and younger brother of one Narayan Chandra Pal (for short, called Pal) who came to India in 1962 and had been residing at village Punji, Gram Panchayat Chopna, in District Betul. In December 1971, war broke out between India and Pakistan. East Bengal was then part of Pakistan. Lacs of Hindu refugees from East Bengal came to India. The war culminated in the creation of a new State, now known as 'Bangla Desh'. These two petitioners also came to India as 'refugees'. The Government of India on humanitarian considerati...
Tag this Judgment!Dashrath Yadav Vs. Saroj
Court: Madhya Pradesh
Decided on: Oct-31-1988
Reported in: AIR1989MP242; 1989MPLJ54
ORDERS.K. Dubey, J.1. This is a revision against the Order 14-7-1988, passed by Shri R. C. Joshi, Fifth Additional Judge to the Court of the District Judge, Indore in Case No. 12/84, whereby the learned Judge has granted interim maintenance @ Rs. 150/- per month to the respondent from-the date of the application, i.e. 1-7-1976 and further the petitioner has been directed to deposit the monthly interim maintenance by the 15thof the next calendar month.2. The short facts leading to this revision petition are. thus : That the petitioner obtained a decree for divorce dt. 6-8-1985 in the Hindu Marriage Case No. 23/84, passed by the Fifth Addl. Judge to the Court of the District Judge, Indore. Against this, the respondent preferred an appeal under Section 28 of the Hindu Marriage Act. 1955 (for short 'the Act'). At the time of hearing of 'the appeal, the respondent filed an application under Section 25 of the Act for permanent alimony of Rs. 250/- per month for herself and Rs. 150/- for the ...
Tag this Judgment!Karan Singh Vs. Manoharlal and ors.
Court: Madhya Pradesh
Decided on: Oct-31-1988
Reported in: 1(1989)ACC291
S.K. Dubey, J.1. This is an appeal Under Section 110-D of the Motor Vehicles Act, 1939, for short 'the Act' filed by the claimant against the award dated 5th May, 1984 passed in Claim Case No. 89 of 1976 by the 1st Additional Member, Motor Accident Claims Tribunal, Indore.2. Short facts leading to this appeal are that the appellant-applicant, at the relevant time, was 14 years of age and was coming on his cycle on 24-1-76 at 1.30 P.M. towards Betma on the left side of the road. Near the Machal rest house, non-applicant No. 1 came on motor cycle No. MPN 3406 in a high speed, driving rashly and negligently from Machal side, and dashed the appellant on his wrong side of the road, as a result of which the appellant, who was on his left side of the road, fell down and was thrown at a distance of about 15 feet. The appellant received grievous injuries and a fracture in the right thigh. The appellant's cycle was also damaged. The claimant filed an application Under Section 110-A of the Act an...
Tag this Judgment!NasiruddIn Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Oct-29-1988
Reported in: [1989]176ITR111(MP)
G.G. Sohani, Actg. C.J.1. By this reference under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the Income-tax Appellate Tribunal, Indore Bench, Indore, has referred the following question of law to this court for its opinion :'Whether, on the facts and in the circumstances of the case, the Income-tax Officer was justified in dismissing the assessee's application praying for rectification of his earlier order by which the Income-tax Officer has chosen to charge interest under Section 217(1A) and under Section 139(8) and increase the returned figure of income of the assessee from Rs. 25,575 to Rs. 31,641 in proceedings under Section 143(1) of the Income-tax Act and the Tribunal was correct in law in upholding this order of the Income-tax Officer ?'2. The material facts giving rise to this reference, briefly, are as follows :For the assessment year 1977-78, the assessee filed a return declaring an income of Rs. 29,575. The assessee was a partner in a ...
Tag this Judgment!Mansukhlal and anr. Vs. Bhagwantibai and ors.
Court: Madhya Pradesh
Decided on: Oct-29-1988
Reported in: 1(1989)ACC191
S.K. Dubey, J.1. The National Insurance Company Limited, the insurer of the Vehicle, after joining the insured, i.e. the owner of the vehicle, has preferred this appeal against the award dated 12-8-80 passed in Claim Case No. 33 of 1978 by Shri L.J. Mandlik, Member, Motor Accident Claims Tribunal, Ujjain.2. Short facts leading to this appeal are that one Nandkishore died in a motor accident on 22-8-78 in the night between 11 and 12 midnight, near Bhatawal Talkies, Ujjain, by the use of motor vehicle No. RRR 3963, which was being driven at the relevant time by the driver Ibrahim. The Tribunal held that the accident occurred due to rash and negligent driving of the vehicle and as such, the insurer, the owner and the driver are jointly responsible to pay compensation to respondents No. 1 to 4, the legal representatives of the deceased, who filed an application Under Section 110-A of the Motor Vehicles Act, 1939, (for short 'the Act'). While considering the award of compensation, the Tribu...
Tag this Judgment!Radheyshyam Vs. Employees' State Insurance Corporation
Court: Madhya Pradesh
Decided on: Oct-28-1988
Reported in: [1989(58)FLR133]; (1995)IIILLJ27MP
S.K. Dubey, J. 1. This is an appeal under Section 82 of the Employees' State Insurance Act, 1948 (for short the 'Act') against the judgment dated 27.7.87 passed in Case No. 130 of 86 E.S.I. by Shri P.R. Reddy, Judge, Employees' Insurance Court, Ujjain (M.P.) whereby the application of the applicant for grant of disablement benefits was dismissed.2. Short facts, leading to this appeal, are that the appellant who was an insured person bearing No. 296529, was employed in the Bleaching Department of Vinod Mills, Ujjain, who on 4.1.85, during the course of his employment at about 6.40 a.m. received an employment injury in the palm of the right hand, the report of the accident was then sent by the employer, and the employee was treated in the Employees' State Insurance Hospital. The employee remained on sick leave up to 15-12-85, but he was denied sickness benefit and also permanent/partial disablement benefit, though, according to the appellant, he was referred for the recommendation of the...
Tag this Judgment!Radhakishan and Co. and ors. Vs. Dena Bank and ors.
Court: Madhya Pradesh
Decided on: Oct-27-1988
Reported in: [1991]72CompCas34(MP)
S.K. Dubey, J. 1. This is a revision by the petitioners-defendants being aggrieved of the order passed in C. S. No. 2-B of 1986 on August 8, 1986, by the Eighth Additional Judge to the Court of the District Judge, Indore, whereby the learned trial court rejected the application of the petitioners-defendants for stay of the suit in view of the provisions of Section 6(1)(b) of the Textile Undertakings (Taking Over of Management) Act, 1983 (Act No. 40 of 1983), for short 'the Act'. The plaintiff, Dena Bank, filed a suit for recovery of Rs. 2,19,220.60 against the petitioners and other defendants, including M/s. Sitaram Mills Limited. It is said that M/s. Sitaram Mills Limited was declared as a sick textile unit and the management of the same was taken over by making certain declarations and a custodian was appointed under the provisions of the Act. An application was filed onSeptember 10, 1982, by counsel for defendant No. 8, i.e., the sick mills, for stay of the suit in view of the provi...
Tag this Judgment!Nanka S/O Chimliya Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-27-1988
Reported in: 1991(0)MPLJ345
V.D. Gyani, J.1. This appeal was taken up for its final hearing on 30-9-1988. On going through the record, it was found, that it is connected with other criminal appeals arising out of the same judgment. They were sent for and heard together. All these appeals are, therefore, decided by a common order. The points raised are common to all these appeals. The appellants have been convicted Under Section 366 read with 511, Indian Penal Code and sentenced to undergo R.I. for five years. The appellant Ida, has also been found to be guilty Under Section 354, Indian Penal Code and sentenced to undergo one year's R.I. appellant Nanka has also been convicted Under Section 323, Indian Penal Code and sentenced to six months' R.I. for causing hurt to Alma.2. Prosecution case as disclosed by the F.I.R. Ex.P.1 was that on the date of incident i.e. 30-10-1982, Alma, aged 18 years had gone to work in the field of one Bhalu Bheel. Around 12.00 in the noon the date of incident while she was harvesting pa...
Tag this Judgment!Nathulal and ors. Vs. Nathibai and ors.
Court: Madhya Pradesh
Decided on: Oct-26-1988
Reported in: AIR1989MP275; 1989MPLJ86
ORDER1. This order shall dispose of the application under Section 5 of the Limitation Act, 1963 (for short 'the Act') filed by the applicants.2. Circumstances giving rise to the application are these. The Non-applicants instituted Civil Suit No. 3-A/82 against the applicants and one Nandibai (since deceased) for separate possession of property and mesne profits and in the alternative for partition, possession and mesne profits. The learned 1st Additional Judge to the District Judge, Ratlam, Camp Jaora, in the said suit, passed a preliminary decree dt. 21-3-86 for partition.3. The applicants on 19-6-86, after excluding time as provided under Section 12 of the Act, with in 70 days of the decree, filed an application under Order 44, Rule 1, C. P. C. accompanied by the memorandum of appeal for permission to appeal against the decree as indigent persons. The office note is to the effect that the proposed appeal is barred by 9 days as the period prescribed for anapplication for leave to appe...
Tag this Judgment!Ram Manohar Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Oct-26-1988
Reported in: 1989CriLJ1227; 1989MPLJ128
Gulab C. Gupta, J.1. The appellant feeling aggrieved by his conviction for the offences punishable under Sections 302 and 324, IPC and sentenced to life imprisonment and 3 years' rigorous imprisonment respectively by Shri M. V. Apte, II Addl. Sessions Judge, Rewa in Sessions Trial No. 20 of 83, decided on 30th April, 1984, has preferred this appeal under Section 374(2), Cr. P.C. challenging the legality and validity thereof.2. The appellant is held guilty of murder of Kamta Prasad son of Baijnath on 7-10-1982, punishable under Section 302, IPC. He is also held guilty of causing hurt on Satyawati at the same time by dangerous weapon, punishable under Section 324, IPC. Prosecution allegation is that deceased Kamta Prasad was the real brother of the appellant. Satyawati is the daughter of the deceased. On 7-2-82 at about 8 a.m., it is alleged, that the appellant and his two sons viz. Umashanker and Ravishanker had assaulted the deceased when the deceased was going towards the house of Deo...
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